Jump to content
Nick1027

Marrying a canadian- Visa help

By Nick1027 in IR-1 / CR-1 Spouse Visa Process & Procedures

 Share

8 posts in this topic

Recommended Posts

Nick1027 Apprentice

Nick1027   3

Posted
Timeline
Posted

Hey everybody

 

I feel like i have been reading these posts for days but i figured i would start one of my own for some assistance. I am engaged to a canadian and we plan on getting married in October. I have spoken to an attorney and he told me that we can get married in the states, and after our honeymoon we can file for the CR-1 visa. Spoke to another attorney and he said that we will run into visa fraud problems.

 

She lives in niagara falls, ontario and I am in buffalo, ny. We both have nexus passes so the border can see how frequently we cross to visit eachother. Are we able to get married and then file for the CR-1 visa when she goes back to canada after the wedding? trying to figure out if she can visit the states during that time as well since she has strong ties to canada (job, home, bills, etc.). We have never had a problem crossing as much as we do in the past 4 years, but trying to get as much info as i can before i pay some more cash to talk to another lawyer. Thanks for the help!

 

 

Georgia16 Mentor

Georgia16   2,858

Posted
Filed: Citizen (apr) Country: Denmark
 Timeline
Posted

Yes she can come get married here and go home. You will then apply for a CR-1 visa (spouse visa) which takes about a year. Nothing fraud about that at all. The fraud part comes if she comes here and get married and then stay and adjust status. but that is not your plans and therefore you guys are fine. No lawyer needed for this process.

 

 

 

 

Prystine Collaborator

Prystine   184

Posted
Filed: Citizen (apr) Country: Norway
 Timeline
Posted

Georgia beat me to it, but as she said, that is fine.

I'm the USC

K1 Visa Process:

 
  • I-129F Packet Sent: 09/11/2015 (Sent to Dallas, TX Lockbox)
  • Delivery Confirmation: 09/16/2015
  • NOA1 Received (Electronic notice): 09/18/2015 (Sent to CSC)
  • NOA1 Received (Hard Copy): 09/26/15
  • NOA2 Received (Electronic notice): 10/06/2015
  • NOA2 Received (Hard Copy): 10/10/2015
  • NVC Received: 10/26/2015
  • NVC Case# Assigned: 10/30/2015
  • NVC Sent to Consulate: 11/02/2015
  • Consulate Received: 11/05/2015
  • Packet 3 Received: 11/12/2015
  • Packet 3 Sent (DS160 Completed & Visa Fee Paid): 11/21/2015
  • Medical Date: 12/16/2015
  • Interview Date: 01/14/2016 (approval pending medical paperwork from Visa Medical Dr. office)
  • Medical Paperwork Sent: 01/27/2016
  • Medical Paperwork Received by Embassy: 02/03/2016
  • Visa Approved: 02/04/2016
  • Visa Issued: 02/05/2016
  • Visa Received: 02/11/2016
  • US Entry (POE): 03/12/2016
  • Applied for SSN: 03/17/2016
  • SSN & Temp Card Received: 03/23/2016
  • Marriage Date: 04/21/2016

AOS/EAD/AP Process:

Spoiler
  • I-485/I-797/I-131 Packet Sent: 05/10/2016 (Sent to Chicago, IL Lockbox)
  • Tracking Shows Packet Delivered: 05/12/16
  • NOA1 Received (Electronic notices): 05/19/16 (for all 3: AOS, EAD & AP)
  • NOA1 Received (Hard Copies): 05/23/16 (Notice date of 5/18/16 for all 3)
  • Biometrics Appt. Letter Received: 06/10/16
  • Biometrics Appt. Scheduled for: 06/20/16
  • Biometrics Appt. Completed: 06/20/16
  • EAD/AP Approved: 07/28/2016 {Day 76}
  • EAD/AP Card Received: 08/03/16 {Day 82}
  • DL Tests passed & 1yr. DL issued: 08/18/16
  • AOS Approved: 08/29/16 (Interview waived & Approval notice received in the mail on 9/1/16) {Day 108)
  • 2yr. Greencard Received: 09/09/16 {Day 119)
  • Updated info. w/Social Security Office: 09/22/16
  • Updated info. w/DMV & New 4yr. DL issued: 09/22/16
  • New Permanent SSN Card Received: 09/28/16

1st Date we can File ROC: 05/30/18

ROC Process:

Spoiler
  • I-751 Packet Sent: 06/11/18 (Sent to California Service Center)
  • Tracking Shows Packet Delivered: 6/13/18
  • Check Shows Cashed: 6/28/18
  • NOA1 Received (Hard Copy): 6/30/18 (Notice date of: 06/26/18)
  • Biometrics Appt. Letter Received: 3/16/19 (Notice date of: 03/08/19) - USCIS Biometrics Waiver Notice Received
  • Biometrics Appt. Scheduled for: N/A - (USCIS is resusing previous fingerprints/biometrics from AOS)
  • Notice of Transfer Received: 3/21/19 (Notice date of 03/15/19 )- USCIS transferred case to the Potomac Service Center in Arlington, VA for processing.
  • Interview Date: N/A - (Interview waived, received Electronic notice on 4/18/19 of update to case. It was  the ROC Approval with and approval date of 4/17/19)
  • ROC Approved: 4/15/19 (Received Electronic notice on 4/18/19 with an approval date of 4/17/19. Received Hard Copy in the mail on 4/20/19 with a Notice date of 4/15/19)
  • 10yr. Greencard Received: 4/24/19

1st Date we can File Naturalization (N400): 05/30/19

Naturalization Process:

Quote
  • N-400 packet Sent: 3/13/2020 (Submitted online via the USCIS Website)
  • NOA1 Received (Elecctronic Notice): 3/13/2020 (Notice date of: 3/13/2020) - Document itself viewable online on 3/17/2020
  • NOA1 Received (Hard Copy): 3/20/2020
  • Biometrics Appt. Letter Received (Electronic Notice): 3/14/2020 (Notice date of: 3/13/2020) - Document itself viewable online on 3/17/2020
  • Biometrics Letter Received (Hard Copy): 3/21/2020
  • Biometrics Appt. Scheduled for: 3/30/2020 (OKC local Field Office) - Office closed due to COVID-19, haven't received cancellation/reschedule notice yet... 😭
  • Re-Scheduled Biometrics Appt. Letter Received (Electronic Notice): 12/10/2020 (Notice date of: 12/10/2020) - USCIS Biometrics Reuse Notice Received
  • Re-Scheduled Biometrics Letter Received (Hard Copy): 12/15/2020
  • Re-Scheduled Biometrics Appt. for: N/A - (USCIS is reusing previous fingerprints/biometrics from AOS)
  • Interview Appt. Letter Received (Electronic Notice): 12/29/2020 (Notice date of: 12/29/2020) - Document itself viewable online on 12/30/2020
  • Interview Letter Received (Hard Copy): 1/11/2021
  • Interview Date: 02/17/2021 (at 1:30pm; OKC local Field Office) - Office closed due to Hazardous Weather Conditions; waiting for reschedule notice. 😭
  • Interview CANCELLATION Notice Received (Electronic Notice): 2/17/2021 (Notice date of: 2/17/2021) - voicemail from USCIS advising of cancellation received on 2/16/2021; document itself viewable online on 2/20/2021
  • Interview CANCELLATION Notice Received (Hard Copy): 2/26/2021
  • Re-Scheduled Interview Letter Received (Electronic Notice): 2/22/2021 (Notice date of: 2/22/2021) - Document itself viewable online on 2/24/2021
  • Re-Scheduled Interview Letter Received (Hard Copy): 3/1/2021
  • Re-Scheduled Interview Date for: 4/13/2021 (at 8:45am; OKC local Field Office) - Received recommended for Approval paper from USCIS Officer, waiting for confirmation and oath ceremony to be scheduled.
  • Naturalization Approved: 4/13/2021 
  • Oath Ceramony Appt. Letter Received (Electronic Notice): 4/14/2021 (Notice date of: 4/14/2021) - Document itself viewable online same day.
  • Oath Ceramony Letter Received (Hard Copy): 4/23/2021 
  • Oath Ceramony Date: 4/27/2021 (at 1:30pm; OKC local Field Office) - Oath completed, naturalization certificate in hand :dance:
  • Update SSN Info Appt. Scheduled for: 6/4/2021 - update from LPR to US Citizen w/SS Office...Done, waiting on new ss card in mail.
  • Updated SSN Card Received: / /
  • Updated Drivers License Received: / /
  • Applied for US Passport: / /

 

image.gif

Nick1027 Apprentice

Nick1027   3

Posted
Timeline
  • Author
Posted

thanks for getting back to me so quickly! yes, that is not the plan to adjust the status as she wants to keep her job in canada after we get married. So during this process, will she be able to visit the U.S? or does she have to stay there until the CR-1 visa is granted?

Georgia16 Mentor

Georgia16   2,858

Posted
Filed: Citizen (apr) Country: Denmark
 Timeline
Posted
Just now, Nick1027 said:

thanks for getting back to me so quickly! yes, that is not the plan to adjust the status as she wants to keep her job in canada after we get married. So during this process, will she be able to visit the U.S? or does she have to stay there until the CR-1 visa is granted?

She can visit. She might want to bring ties to her life in Canada so they don't think she will stay. 

 

 

 

 

ljroul Contributor

ljroul   14

Posted
Filed: Other Country: Canada
 Timeline
Posted
10 minutes ago, Nick1027 said:

thanks for getting back to me so quickly! yes, that is not the plan to adjust the status as she wants to keep her job in canada after we get married. So during this process, will she be able to visit the U.S? or does she have to stay there until the CR-1 visa is granted?

I also married a Canadian citizen, we got married in Canada, and afterward started the CR-1 process. We visited each other 6 times (I went to Canada 3 times, he came to the US 3 times) while our I-130 was pending. We never had any issues at the border, we were always asked very standard questions (purpose of visit, who are you visiting, proof of intent to return) make sure you always have your documentation to prove non-immigrant intent with you (I always took a copy of my apartment lease, school class schedule, pay stubs from my job, etc). There is nothing wrong with visiting your spouse while you wait for your visa, but it is a tricky spot to be in since they will be inherently suspicious of people who are visiting their spouse. Just be honest and forthcoming with the agents and you shouldn't have problems.

USCIS Process

December 2005 - Met online

August 2015 - Met in person

November 27, 2015 - Married <3

1-8-16: Filed I-130

5-13-16: I-130 Approved

9-20-2016: Mailed AOS Docs (I-485/I-765/I-131)

9-22-2016: AOS Docs received

9-30-2016: NOA

10-21-16: RFI for I-864 (Affidavit of Support)

10-25-16: Biometrics

10-31-16: RFI response mailed

11-4-16: RFI response received

12-2-16: EAD in process

12-8-16: EAD in hand

5-18-17: Interview (238 days from filing)

5-18-17: Approved!

KierenHby Experienced

KierenHby   900

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted
2 hours ago, Nick1027 said:

Hey everybody

 

I feel like i have been reading these posts for days but i figured i would start one of my own for some assistance. I am engaged to a canadian and we plan on getting married in October. I have spoken to an attorney and he told me that we can get married in the states, and after our honeymoon we can file for the CR-1 visa. Spoke to another attorney and he said that we will run into visa fraud problems. She can enter on the Nexus card and marry, and no fraud if she returns back to Canada to await CR-1 processing. 

 

She lives in niagara falls, ontario and I am in buffalo, ny. We both have nexus passes so the border can see how frequently we cross to visit eachother. Are we able to get married and then file for the CR-1 visa when she goes back to canada after the wedding? Yes 

trying to figure out if she can visit the states during that time as well since she has strong ties to canada (job, home, bills, etc.). Yes

We have never had a problem crossing as much as we do in the past 4 years, but trying to get as much info as i can before i pay some more cash to talk to another lawyer. Save the cash. An attorney would advise the same as advice here.

 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

JlovesA Proficient

JlovesA   109

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)

Nick1027, my husband and I are in a similar situation but a different border (Windsor/Detroit). I just wanted to let you know that over the course of two visa applications (long story), we visited each other using our Nexus cards countless times (a few times a month). I always brought proof of my visa application and proof I had a job and bills to pay in Canada, but I've never had to show any of it. It's been 7 years of this and I've had no issues at all.

Edited by JlovesA

Met: December 2009

Married: April 2015

Received CR-1 visa: February 2017

POE (as IR-1): April 2017

Oath ceremony: November 2020

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...